Md. Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46947 of 2024 Arising Out of PS. Case No.-330 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Naushad S/O Late Md. Ismail Ansari Resident Of Village-Chaupar Bharat, P.S. Bochaha, District-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2025 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 120(B) of the Indian Penal Code.
3. The case of the prosecution is that the informant's son Md. Basir( now deceased) left Banaras for Muzaffarpur by train on 9:00 PM. When he reached Muzaffarpur railway station but when informant called him on his mobile it was found switched off. On the next day, the dead body of the Md. Basir was found in an orchard. The petitioner is a relative who used to visit Banaras where deceased used to live for his livelihood and he had intimacy with the informant's daughter-in-law Soni
Patna High Court CR. MISC. No.46947 of 2024(6) dt.02-04-2025 2/3 Khatoon. Therefore, he suspects that the petitioner along with others has killed the son of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that in this case petitioner has given his confessional statement and save and except his confessional statement, nothing is there against him. It has also been submitted that co-accused Soni Khatoon has been granted bail by the learned Co-ordinate Bench of this Court vide order dated 25.05.2023 in Cr. Misc. No. 27241 of 2023. Though there is confessional statement of the petitioner but nothing has been recovered from the possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.03.2024.
5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail. Learned counsel for the petitioner has submitted that in this case, petitioner has given his confessional statement and he has confessed his guilt.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.46947 of 2024(6) dt.02-04-2025 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bochaha P.S. Case No. 330 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-14th East, Muzaffarpur.
(Ashok Kumar Pandey, J) Shubham/- U T